WEB SITE DEVELOPMENT AND DESIGN
General:
It is expressly understood that this undertaking is not a joint venture with the Client even though materials such as graphics and data are provided by the Client.
Confidentiality and Nondisclosure:
Web Developer(s), associate(s) of Micromindcomputers and Client agree that all information and materials disclosed by the Parties regarding a proposed business deal between the Parties, including the terms and conditions of this Agreement and the existence of the discussion between the Parties, will be considered and referred to collectively in this Agreement as "Confidential Information" unless otherwise stated or agreed or expressed in writing by either the Web Developer(s) associate(s) of Micromindcomputers or the Client.
Miscellaneous:
All Confidential Information remains the property of the disclosing Party and no license or other rights to Confidential Information is granted or implied hereby. All Confidential Information is provided "AS IS" and without any warranty, whether expressed or implied, as to its accuracy or completeness.
Development Procedure:
The Web Developer(s), associate(s) of Micromindcomputers agree to construct a Web site such that its features shall conform to the specifications set out by the Client at the initial consultation. Work requests submitted by the Client requesting features beyond the scope and ability of the Web Developer may not the performed.
Micromindcomputers, Web Develope(s), associate(s) release the rights to all functionality of a specific website under construction or completed if the cost of construction of the the website is paid in full to Micromindcomputers.
The Web Developer(s), associate(s) would make all reasonable efforts to deliver the functionality of the constructed website within the estimated time or "turn around time".
Micromindcomputers verifies receipt of Database and Template Development Deposit in addition to Design and Front-End Development Deposit, and agrees to commence work on the Web Site at the earliest convenient date. A tabular itemization of the Deposit would be as follows:
|
PAYMENT DESCRIPTION |
STATUS |
AMOUNT |
|
Database and Template Development Deposit |
Due prior to commencement of back-end work |
$ |
|
Database and Template Development Balance |
Due upon completion of back-end work |
$ |
|
Design and Front-End Development Deposit |
Due prior to commencement of front-end work |
$ |
|
Design and Front-End Development Balance |
Due upon client approval of Web site |
$ |
TOTAL:$______________ |
||
Database and Template Development Balance: On completion and testing of the Database and Template functionality as specified in the Technical Specifications Document, the Database and Template Development Balance shall be paid.
Design and Front-End Development Balance: On Client approval of the Design and Front End of the Web site, as specified in the Technical Specifications Document, the Design and Front-End Development Balance shall be paid.
Source Code Upload: On receipt of all outstanding balances by the Web Developer, the Web site files shall be uploaded to the Client’s Web file Server. After upload, the Web Developer will test the uploaded files to ensure that full functionality is satisfactory.
Copyright:
Original Ownership: All original logos, illustrations, and graphic designs created by the Web Developer(s), associte(s) for use on the Client Web site are the exclusive property of the Micromindcomputers until fully received the Total Estimated Cost and any additional expenses to develop the site.
Upon receipt of the full payment by Micromindcomputers, Client is allowed, as per previous or existing legal rights and ownerships, to have use of all logos, illustrations and graphic designs appearing on the Client Web site for purposes of marketing, advertising, and promotion of the Client's business and its subsidiaries.
Entire Agreement and Governing Law: This Agreement constitutes the entire agreement with respect to the Design and Development of the Client Web site and supersedes all prior or contemporaneous oral or written agreements concerning such confidential information. This Agreement may not be amended except by the written agreement signed by authorized representatives of both parties.
This agreement is clearly read by the Client and understood fully and agreed on this day of entering the Agreement. The Client set his/her hand for signature, name and address below.
Date:
__________________________________
Signature
Name:
Address: